Foreign Acquisitions Of Chinese Enterprises Legal Regulation

Since late 1980s,Transnational Merger and Acquisition has become a world trend and the major Foreign Direct Investment means of transnational corporation In early 1990s,there's some distinct change of steering Merger and Acquisition in the way of Foreign Investment in China, with all-round swing of the systematic investment of transnational corporation in China, and the influence of the tide global Transnational Merge and Acquisition. Foreign Investor Merger and Acquisition's coming not only created opportunity of development but also produced many problems. It is evident that Chinese government and enterprises have poor preparation in imagination and theory In the background of the entrance of China into WTO, this article probed into how to use the successful experience of other countries for reference, and improve law regulation of FIMA in our country initiallyThe full text consist of four chapter:Chapter one defines the concepts correlated with FIMA. It clearly gives concrete definitions of Foreign Capital, M&A and the law regulation of FIMA. Especially, it emphasizes the law regulation of FIMA includes two aspects: the regulation of markets and enterprises acts, the regulation of government actsIn chapter two, it expounds general theory and realistic grounds of the law regulation FIMA on the basis of distinct of the pertinent definitions from two aspects: the regulation of markets and enterprises acts, the regulation of government acts. It discusses how to establish the law system of FIMA according to market economy's principle with the global tendency on this basisIt particularly approaches the problems of markets and enterprises act in our law system of FIMA in chapter three. Especially, it offers some tentative proposals concerning the drain of state assets, anti-monopolization, credit transform interests, the establishment and perfection of the regulation of Foreign Investor Merging and Acquiring Listed CorporationChapter four concretely probes into the problems of government acts in FIMA, it offers some ideographic proposals concerning changing government conception, perfecting law system of FIMA and amplifying the law regulation.